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Tum'at Okhalin - Chapter 11

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Tum'at Okhalin - Chapter 11

1When one harvests grapes to sell in the marketplace or dry,1 they do not become susceptible to impurity unless they come into contact with liquids when the owner desires that they do, as other foods.2אהַבּוֹצֵר עֲנָבִים לִמְכּוֹר בַּשּׁוּק, אוֹ לְיַבְּשָׁן - לֹא הֻכְשְׁרוּ לַטֻּמְאָה, עַד שֶׁיִּפְּלוּ עֲלֵיהֶן מַשְׁקִין לִרְצוֹנוֹ כִּשְׁאָר הָאֹכָלִין.
If, by contrast, one harvests grapes to crush them and make wine, they become susceptible to impurity even if they had no contact with liquids at all. If they were touched by an impure object, they contract impurity. This a decree of Rabbinic origin.3אֲבָל הַבּוֹצֵר לִדְרוֹךְ - הֻכְשַׁר לַטֻּמְאָה, וְאַף עַל פִּי שֶׁלֹּא נָפְלוּ מַשְׁקִין עַל הַבָּצִיר כְּלָל, וְאִם נָגְעָה בוֹ טֻמְאָה, נִטְמָא; וְדָבָר זֶה גְּזֵרָה מִדִּבְרֵי סוֹפְרִים.
Why did the Sages decree that when one harvests grapes for the wine press, they become susceptible to impurity? For there are times when a person enters into his vineyard to see if the grapes are ready to harvest. He will squeeze a cluster of grapes to check them and then cast it on the grapes that have already been harvested, for all of the grapes are prepared to be crushed for their juice.4וּמִפְּנֵי מָה גָּזְרוּ עַל הַבּוֹצֵר לַגַּת שֶׁהוּא מֻכְשָׁר? שֶׁפְּעָמִים שֶׁאָדָם נִכְנָס לְכַרְמוֹ לֵידַע אִם הִגִּיעַ לְהִבָּצֵר, וְסוֹחֵט אֶשְׁכּוֹל שֶׁל עֲנָבִים לִבְדּוֹק בּוֹ, וּמְזַלְּפוֹ עַל גַּבֵּי הָעֲנָבִים הַבְּצוּרוֹת, שֶׁהֲרֵי הַכֹּל לִדְרִיכָה עוֹמֵד.
Moreover, he is not careful regarding the cluster and will allow it to be pressed by the other grapes, causing its liquid to flow out.5 He is careful concerning the liquid, desiring that it not flow out on the ground. Thus all the grapes will become susceptible to impurity because of it. Therefore6 our Sages decreed that when anyone harvests grapes for the wine press, they become susceptible to ritual impurity.וְעוֹד - מִפְּנֵי שֶׁאֵינוֹ מַקְפִּיד עָלָיו, הֲרֵי הוּא מִתְמַעֵךְ, וְיֵצְאוּ מֵימָיו, וְהוּא מַקְפִּיד עֲלֵיהֶן שֶׁלֹּא יָזוּבוּ בַּקַּרְקַע; וְנִמְצָא מֻכְשָׁר בָּהֶן. לְפִיכָךְ גָּזְרוּ שֶׁהַבּוֹצֵר לַגַּת הֻכְשַׁר.
2When a person harvests grapes with the intent that, if he will not find purchasers for them, he will bring them back to the wine press,7 they do not become susceptible to ritual impurity until they are brought into the wine press.בהַבּוֹצֵר עֲנָבִים, שֶׁאִם לֹא מָצָא לָהֶם שׁוּק, מַחֲזִירָן לַגַּת - לֹא הֻכְשְׁרוּ, עַד שֶׁיָּבוֹאוּ לִרְשׁוּת הַגַּת.
Similarly, olives that are brought into the olive press become susceptible to impurity,8 as will be explained.9וְכֵן הַזֵּיתִים שֶׁבָּאוּ לִרְשׁוּת הַבַּד - הֻכְשְׁרוּ, כְּמוֹ שֶׁיִּתְבָּאֵר.
3When a person harvests grapes and places them in a storage pit10 or spreads them out on leaves,11 they become susceptible to impurity because of the liquids that are released by them, since he is concerned with the liquids. That is the reason he placed them on leaves or in a storage pit that is like a cistern.12גהַבּוֹצֵר עֲנָבִים, וּנְתָנָם בֶּעָבִיט, אוֹ שֶׁשְּׁטָחָן עַל גַּבֵּי הֶעָלִין - הֻכְשְׁרוּ בַּמַּשְׁקִין הַיּוֹצְאִין מֵהֶן; שֶׁהֲרֵי דַּעְתּוֹ עַל הַמַּשְׁקִין, וּלְפִיכָךְ שָׁטַח עַל הֶעָלִין אוֹ נָתַן לְתוֹךְ הֶעָבִיט, שֶׁהוּא כְּמוֹ בוֹר.
Therefore, if someone who was impure or merely whose hands were impure takes some of them, he imparts impurity to them.לְפִיכָךְ אִם נָטַל מֵהֶן טָמֵא, אוֹ מִי שֶׁיָּדָיו טְמֵאוֹת - טִמְּאָן.
If, however, he harvested the grapes and placed them in baskets or spread them out on the earth,13 they do not become susceptible to impurity, because he is not concerned with the liquid they release.14בָּצַר וְנָתַן לְסַלִּים, אוֹ בְּמַשְׁטִיחַ שֶׁל אֲדָמָה - לֹא הֻכְשְׁרוּ, שֶׁהֲרֵי אֵינוֹ מַקְפִּיד עַל הַמַּשְׁקֶה הַיּוֹצֵא מֵהֶן.
Therefore an impure person may take them and partake of them. Even though they have split open and juice is dripping from them into the wine press, the grapes in the wine press are pure,15 because the grapes from which the liquid dripped were not made susceptible to impurity and were harvested for the purpose of consumption.16לְפִיכָךְ נוֹטֵל הַטָּמֵא מֵהֶן וְאוֹכֵל, וְאַף עַל פִּי שֶׁהֵן מְבֻקָּעוֹת וּמְנַטְּפוֹת לַגַּת - הֲרֵי הַגַּת טְהוֹרָה; שֶׁהֲרֵי לֹא הֻכְשְׁרוּ, וַהֲרֵי נִבְצְרוּ לַאֲכִילָה.
A similar ruling applies in the following instance. A person took the grapes from the baskets or from the earth where they were spread out and partook of them, leaving over a se’ah17 or two which he cast into the winepress. Even though the juice is sprinkled over the grapes in the wine press, they are not made susceptible to ritual impurity.18וְכֵן הַנּוֹטֵל מִן הַסַּלִּים וּמִן הַמַּשְׁטִיחַ שֶׁל אֲדָמָה, וְאָכַל, וְהוֹתִיר כִּסְאָה וּכְסָאתַיִם, וּזְרָקָן לַגַּת, וְאַף עַל פִּי שֶׁהַיַּיִן מְנַתֵּז עַל הָעֲנָבִים - לֹא הֻכְשְׁרוּ.
4When one takes grapes that were in baskets or spread out on the earth to crush for wine, they become susceptible to ritual impurity.19 Hence they must be taken with pure hands, lest an impure person take from them and impart impurity to them.דעֲנָבִים שֶׁהָיוּ בַּסַּלִּים אוֹ בַּמַּשְׁטִיחַ שֶׁל אֲדָמָה, וְלָקַח מֵהֶן לְדָרְכָן - הֻכְשְׁרוּ; לְפִיכָךְ צָרִיךְ לִקַּח מֵהֶן בְּיָדַיִם טְהוֹרוֹת, כְּדֵי שֶׁלֹּא יִטֹּל מֵהֶן הַטָּמֵא וִיטַמְּאֵן.
5When a vineyard grows in a beit hapras20 and one harvests the grapes for the wine press, they are not considered as susceptible to impurity as long as they are in the beit hapras. The rationale is that since the impurity of a beit hapras is a Rabbinic decree and the concept that when a person harvests grapes for the wine press they become susceptible to ritual impurity is a Rabbinic decree,21 the Sages were lenient regarding this decree in this instance and did not consider the grapes as susceptible to ritual impurity until they were taken out of the beit hapras.22הכֶּרֶם שֶׁהוּא עוֹמֵד בְּבֵית הַפְּרָס - הַבּוֹצֵר אוֹתוֹ לַגַּת אֵינוֹ מֻכְשָׁר, כָּל זְמַן שֶׁהוּא בְּבֵית הַפְּרָס; הוֹאִיל וְטֻמְאַת בֵּית הַפְּרָס מִדִּבְרֵיהֶם, וְהַבּוֹצֵר לַגַּת הֻכְשַׁר מִדִּבְרֵיהֶם, הֵקֵלּוּ בִּגְזֵרָה זוֹ, וְלֹא גָזְרוּ עָלָיו שֶׁיִּהְיֶה מֻכְשָׁר עַד שֶׁיֵּצֵא מִבֵּית הַפְּרָס.
Accordingly, a person who desires to harvest grapes growing in a beit hapras for the wine press in a state of ritual purity must do the following.23 He must purify the harvesters and the utensils, having the ashes of the red heifer sprinkled upon them on the third and seventh day.24 They must wait until nightfall of the seventh day25 so that it is obvious that leniency is being taken with the impurity of a beit hapras, only because it is a doubtful situation.26לְפִיכָךְ הָרוֹצֶה לִבְצוֹר בְּבֵית הַפְּרָס לַגַּת בְּטָהֳרָה - מְטַהֵר אֶת הַבּוֹצְרִים וְאֶת הַכֵּלִים, וּמַזֶּה עֲלֵיהֶם שְׁלִישִׁי וּשְׁבִיעִי וּמַעֲרִיב שִׁמְשָׁן, כְּדֵי לְהַכִּיר שֶׁאֵין מְקִלִּין בְּטֻמְאַת בֵּית הַפְּרָס אֶלָּא מִפְּנֵי שֶׁהוּא סָפֵק.
Afterwards, they enter, harvest the grapes, and take them outside the beit hapras. Other27 pure porters receive the grapes from them and take them to the wine press.וְאַחַר כָּךְ נִכְנָסִין וּבוֹצְרִין, וּמוֹצִיאִין חוּץ לְבֵית הַפְּרָס, וַאֲחֵרִים טְהוֹרִים מְקַבְּלִין מֵהֶן, וּמוֹלִיכִין לַגַּת.
If the harvesters touch the porters, the porters contract ritual impurity and make the grapes impure. For the people in the beit hapras are impure and they impart impurity to those outside, causing them to be considered as primary derivatives of impurity. They then impart impurity to the grapes, for they became susceptible to ritual impurity when they were taken out of the beit hapras.וְאִם נָגְעוּ אֵלּוּ בָּאֵלּוּ, טְמֵאִין וּמְטַמְּאִין אֶת הָעֲנָבִים - שֶׁהָאֲנָשִׁים שֶׁבְּבֵית הַפְּרָס טְמֵאִין, וּמְטַמְּאִין לְאוֹתָן שֶׁבַּחוּץ וְעוֹשִׂין אוֹתָן רִאשׁוֹן, וְהֵן מְטַמְּאִין הָעֲנָבִים, שֶׁהֲרֵי הֻכְשְׁרוּ מִשֶּׁיָּצְאוּ חוּץ לְבֵית הַפְּרָס.
6When a person harvests olives with the intent of pickling them or selling them on the market place, they do not become susceptible to ritual impurity unless they come into contact with liquids as desired by their owner, as is the law with regard to other foods.והַמּוֹסֵק אֶת זֵיתָיו לְכָבְשָׁן, אוֹ לְמָכְרָן בַּשּׁוּק - לֹא הֻכְשְׁרוּ, עַד שֶׁיִּפְּלוּ עֲלֵיהֶן מַשְׁקִין בְּרָצוֹן כִּשְׁאָר הָאֹכָלִין.
Similarly, when a person harvests olives to crush in an olive press, they do not become susceptible to ritual impurity until the work required to prepare them for pressing is complete.28וְכֵן הַמּוֹסֵק זֵיתָיו לִדְרוֹךְ בְּבֵית הַבַּד - לֹא הֻכְשְׁרוּ, עַד שֶׁתִּגָּמֵר מְלַאכְתָּן.
Why are olives susceptible to ritual impurity when the work required to prepare them for pressing is complete?29 Because it can be assumed that they became susceptible to impurity because of contact with the fluid of the olives,30 for the owner desires it so that the olives will soften and be easier to crush. Before the work required to prepare them for pressing is complete,31 the fluid released by the olives does not make them susceptible to ritual impurity, because it is not desired.32וּמִפְּנֵי מָה יֻכְשְׁרוּ הַזֵּיתִים שֶׁנִּגְמְרָה מְלַאכְתָּן? שֶׁחֶזְקָתָן שֶׁהֻכְשְׁרוּ בַּמֹּהַל שֶׁלָּהֶן, שֶׁהֲרֵי רוֹצֶה בְּקִיּוּמוֹ, כְּדֵי שֶׁיִּהְיוּ נוֹחִין לִדְרוֹךְ. אֲבָל קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן, אֵין הַמֹּהַל הַיּוֹצֵא מֵהֶן מַכְשִׁיר, מִפְּנֵי שֶׁאֵינוֹ רוֹצֶה בְּקִיּוּמוֹ.
Accordingly, when the work required to prepare olives for pressing has not been completed and impure liquids fall upon them, only the places touched by the liquids contract impurity, as is the law regarding all foods that have not become susceptible to impurity.33לְפִיכָךְ זֵיתִים שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן, שֶׁנָּפְלוּ עֲלֵיהֶן מַשְׁקִין טְמֵאִין - אֵין טָמֵא אֶלָּא מְקוֹם מַגָּעָן, כְּכָל הָאֹכָלִין שֶׁלֹּא הֻכְשְׁרוּ.
When impure liquids fall upon them after the work required to prepare them for pressing has been completed, all the olives contract impurity. The rationale is that the impure liquids impart impurity to the fluid that flows from them and that fluid imparts impurity to all of them, for the fluid that is released by them after the work required to prepare them for pressing has been completed is considered as a liquid in the context of the laws of impurity and makes foods susceptible to impurity and imparts impurity to them.34נָפְלוּ עֲלֵיהֶן מַשְׁקִין טְמֵאִין אַחַר שֶׁנִּגְמְרָה מְלַאכְתָּן - נִטְמְאוּ כֻלָּן, שֶׁהַמַּשְׁקִין הַטְּמֵאִין מְטַמְּאִים אֶת הַמֹּהַל שֶׁבָּהֶן, וְהַמֹּהַל מְטַמֵּא אֶת כֻּלָּן, שֶׁהַמֹּהַל שֶׁיָּצָא מֵהֶן אַחַר גְּמַר מְלַאכְתָּן חָשׁוּב מַשְׁקֶה וּמִתְטַמֵּא וּמַכְשִׁיר.
7When there is a jug of olives that are salted and pressed together,35 it is necessary to make a hole in the jug so that that fluid will drain off.36 If one does not make such a hole, the olives become susceptible to ritual impurity.37 If he made a hole for the liquid to drain off, but it became plugged by olive dregs and thus the olives became saturated with this fluid,38 they are not susceptible to impurity for their exposure to liquids was not desired by the owner, as indicated by his making the hole.זחָבִית שֶׁל זֵיתִים מְגֻלְגָּלִים - צָרִיךְ לִנְקוֹב הֶחָבִית, כְּדֵי שֶׁיֵּצֵא הַמֹּהַל; וְאִם לֹא נִקַּב, הֲרֵי אֵלּוּ מֻכְשָׁרִין. נִקְּבָהּ, וּסְתָמוּהָ שְׁמָרִים, וַהֲרֵי הֵן בְּלוּלִים בְּמֹהַל - אֵינָם מַכְשִׁירִין, מִפְּנֵי שֶׁאֵינָן בִּרְצוֹנוֹ; שֶׁהֲרֵי נִקְּבָהּ.
8When is the work to prepare olives for pressing considered to be completed? When the entire harvest has been completed and they are deposited in one place, prepared to be pressed. Even though liquids did not fall upon them and liquids did not emerge from them, since the work necessary to prepare them was completed, they become susceptible to ritual impurity.39 Before the work necessary to prepare them was completed, by contrast, even though they were crushed, secreted liquids, and became stuck together because of the liquids, they do not become susceptible to impurity.חזֵיתִים שֶׁמְּסָקָן לִדְרִיכָה, מֵאֵימָתַי גְּמַר מְלַאכְתָּן - מִשֶּׁתִּגָּמֵר מְסִיקָתָן, וְיִהְיוּ מֻנָּחִים וּמוּכָנִים לִדְרִיכָה; אַף עַל פִּי שֶׁלֹּא נָפְלוּ עֲלֵיהֶן מַשְׁקִין, וְלֹא יָצְאוּ מֵהֶן מַשְׁקִין, הוֹאִיל וְנִגְמְרָה מְלַאכְתָּן, הֻכְשְׁרוּ. אֲבָל קֹדֶם שֶׁתִּגָּמֵר מְלַאכְתָּן, אַף עַל פִּי שֶׁנִּתְמַעֲכוּ, וְהֵזִיעוּ, וְנִתְחַבְּרוּ בְּמַשְׁקֵיהֶן - אֵינָן מֻכְשָׁרִין.
If one completed harvesting his olives, but intended to purchase other olives in the future and add them to them, even if only a kab40 or two kabbim, they are not susceptible to ritual impurity.41 If, however, he acts with guile,42 they become susceptible to ritual impurity.גָּמַר מִלִּמְסוֹק זֵיתָיו, אֲבָל עָתִיד לִקַּח זֵיתִים אֲחֵרִים לְהוֹסִיף עֲלֵיהֶן, אֲפִלּוּ אֵינוֹ עָתִיד לְהוֹסִיף אֶלָּא קַב אוֹ קַבַּיִם - לֹא הֻכְשְׁרוּ; וְאִם הֶעֱרִים, הֲרֵי אֵלּוּ מֻכְשָׁרִין.
If he completed his purchase of olives, but intended to borrow money and purchase more, but he was prevented by forces beyond his control or he became involved in a celebration and therefore did not add more, it is still considered as if the work necessary to prepare the olives for pressing was not completed and the olives are not susceptible to ritual impurity. Even though zavim and zavot43 tread upon them, they remain pure.גָּמַר מִלִּקַּח, אֲבָל עָתִיד לִלְווֹת וּלְהוֹסִיף, וְאֵרְעוֹ אֵבֶל אוֹ אֹנֶס אוֹ נִתְעַסֵּק בְּמִשְׁתֶּה, וְלֹא הוֹסִיף - עֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן, וְאֵינָן מְקַבְּלִין טֻמְאָה; וַאֲפִלּוּ זָבִים וְזָבוֹת מְהַלְּכִין עֲלֵיהֶן, טְהוֹרִין.
9When a person stores his olives in two olive presses,44 when he completes loading one of them,45 the olives in that press become susceptible to ritual impurity.46טהָעוֹטֵן זֵיתָיו בִּשְׁנֵי בַדִּים - כֵּיוָן שֶׁגָּמַר אַחַת מֵהֶן, הֻכְשְׁרוּ לְקַבֵּל טֻמְאָה.
10When a person harvests his olives47 in the Upper Galilee48 and he has the intent to bring them to the Lower Galilee in the future, they do not become susceptible to ritual impurity until he brings them there.יהַמּוֹסֵק זֵיתָיו בַּגָּלִיל הָעֶלְיוֹן, וְעָתִיד לְהוֹרִידָם לַגָּלִיל הַתַּחְתּוֹן - אֵין מְקַבְּלִין טֻמְאָה, עַד שֶׁיּוֹרִידֵם לְשָׁם.
This applies provided he had this intent before he harvested them. If he does not have this intent until after he harvests them, his intent is of no consequence and they become susceptible to impurity. If he completed storing his olives, but had the intent of selling them in the future, they do not become susceptible to impurity.49 If he had the intent of covering them with leaves, they become susceptible to impurity.50וְהוּא, שֶׁחִשַּׁב עֲלֵיהֶן קֹדֶם שֶׁיִּמְסֹק; אֲבָל אַחַר שֶׁיִּמְסֹק, אֵין הַמַּחֲשָׁבָה מוֹעֶלֶת, אֶלָּא הֻכְשְׁרוּ. גָּמַר אֶת זֵיתָיו, וְעָתִיד לְמָכְרָן - לֹא הֻכְשְׁרוּ; עָתִיד לְחַפּוֹתָן בְּעָלִין, הֻכְשְׁרוּ וּמְקַבְּלִין טֻמְאָה.
11The following law applies when a person purchases a storage vat of olives from a gentile. Even51 if there are olives to harvest on the earth,52 he should process the olives in a state of impurity, for it can be assumed that the gentile completed the harvest of that vat.53 The word of an unlearned person is accepted when he says: “I did not complete storing olives in this vat.”54יאהַלּוֹקֵחַ מַעֲטַן זֵיתִים מִן הַגּוֹי - אִם יֵשׁ מוֹסֵק עַל פְּנֵי הָאֲדָמָה, יַעֲשׂוּ בְּטֻמְאָה; שֶׁזֶּה בְּחֶזְקַת שֶׁגָּמַר. וְנֶאֱמָן עַם הָאָרֶץ לוֹמַר "מַעֲטָן זֶה לֹא גְּמַרְתִּיו".
12When a person wishes to take and crush for oil some olives from a storage vat that has not been completely filled, he may take them while ritually impure, bring them to55 the olive press in a state of ritual impurity, and cover the olives remaining in the storage vat in a state of ritual impurity, because the olives in the storage vat had not become susceptible to impurity.56יבהָרוֹצֶה לִטּוֹל מִזֵּיתִים שֶׁלֹּא נִגְמְרָה מְלַאכְתָּן וְלִדְרוֹךְ - הֲרֵי זֶה נוֹטֵל מֵהֶן בְּטֻמְאָה, וּמוֹלִיךְ לְבֵית הַבַּד בְּטֻמְאָה, וּמְכַסֶּה הַשְּׁאָר בְּטֻמְאָה, וְאֵינוֹ חוֹשֵׁשׁ; שֶׁהֲרֵי לֹא הֻכְשְׁרוּ, כְּדֵי שֶׁיְּקַבְּלוּ טֻמְאָה.
13When a person places his olives in an olive press, so that they will soften57 and be easy to crush, they become susceptible to ritual impurity. If he left them to soften, so that he will salt them after they soften, they do not become susceptible to ritual impurity, for his intent is to pickle them.58יגהַמַּנִּיחַ אֶת זֵיתָיו בַּכֹּתֶשׁ, כְּדֵי שֶׁיַּמְתִּינוּ וְיִהְיוּ נוֹחִים לְהִכָּתֵשׁ - הֲרֵי אֵלּוּ מֻכְשָׁרִין. הִנִּיחָן שֶׁיַּמְתִּינוּ, וְשֶׁיִּמְלָחֵם אַחַר שֶׁיַּמְתִּינוּ - אֵינָן מֻכְשָׁרִין, שֶׁהֲרֵי דַּעְתּוֹ עֲלֵיהֶן לְכָבְשָׁן.
14When a person rubs or breaks apart59 olives that are terumah60 with impure hands,61 he disqualifies them,62 because breaking them open completes the work associated with them. If, however, he broke open the olives with the intent of salting them,63 they do not become susceptible to impurity. Similarly, if he broke them open in order to check them to see whether they have oil and are ready to be harvested, they do not become susceptible to impurity.64ידהַפּוֹצֵעַ זֵיתִים שֶׁל תְּרוּמָה בְּיָדַיִם טְמֵאוֹת - פְּסָלָן, שֶׁפְּצִיעָתָן הִיא גְּמַר מְלַאכְתָּן. פְּצָעָן לְסָפְגָן בַּמֶּלַח, לֹא הֻכְשְׁרוּ; וְכֵן אִם פְּצָעָן לֵידַע אִם יֵשׁ בָּהֶן שֶׁמֶן וְהִגִּיעוּ לְהִמָּסֵק, לֹא הֻכְשְׁרוּ.
15When a person leaves olives on a roof for them to desiccate and dry out, they do not become susceptible to impurity65 even if they are cubit high.66 If he brought them into the house to spoil some67 even though he will take them to the roof in the future or he brought them to the roof in a mound to spoil, even though he will break it open and spread them out to dry in the future, they become susceptible to ritual impurity.68טוהַמַּנִּיחַ זֵיתִים בַּגַּת לְגַרְגְּרָן וּלְיַבְּשָׁן, אֲפִלּוּ הֵן רוּם אַמָּה - אֵינָן מֻכְשָׁרִין. נְתָנָן בַּבַּיִת שֶׁיִּלְקוּ, אַף עַל פִּי שֶׁעָתִיד לְהַעֲלוֹתָן לַגַּג, אוֹ שֶׁנְּתָנָן בַּגַּג שֶׁיִּלְקוּ, אַף עַל פִּי שֶׁעָתִיד לְפָתְחָם וְיַפְרִיס אוֹתָן - הֲרֵי אֵלּוּ מֻכְשָׁרִין.
If he brought them into his house until he will make his roof fit for them or until he takes them to another place, they do not become susceptible to ritual impurity, because the work involved in their preparation has not been completed.נְתָנָן בַּבַּיִת עַד שֶׁיְּשַׁמֵּר אֶת גַּגּוֹ, אוֹ עַד שֶׁיּוֹלִיכֵם לְמָקוֹם אַחֵר - אֵינָן מֻכְשָׁרִין, שֶׁעֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן.
16When a person stores his olives in a domain belonging to an unlearned person,69 and locks and seals the door, he need not suspect that the unlearned person has another key and seal. Even if he discovers the seal broken and the lock open, the olives are pure.70 The seal mentioned could be even a stone or a sliver of wood.71 If there were holes and cracks in the storeroom, he need not suspect that the unlearned person inserted a rod and moved the olives. If there are windows four handbreadths by four handbreadths, they are considered as an entrance.72טזהָעוֹטֵן זֵיתָיו בִּרְשׁוּת עַם הָאָרֶץ, וְנָעַל וְחָתַם - אֵינוֹ חוֹשֵׁשׁ שֶׁמָּא יֵשׁ לוֹ מַפְתֵּחַ אַחֵר וְחוֹתָם אַחֵר; אַף עַל פִּי שֶׁמָּצָא חוֹתָם מְקֻלְקָל וּמַפְתֵּחַ פָּתוּחַ, הֲרֵי אֵלּוּ טְהוֹרִין. וְחוֹתָם שֶׁאָמְרוּ, אֲפִלּוּ צְרוֹר אוֹ קֵיסָם. הָיוּ שָׁם חוֹרִין וּסְדָקִין, אֵינוֹ חוֹשֵׁשׁ שֶׁמָּא מַכְנִיס קָנֶה וּמְסִיטָן. הָיוּ שָׁם חַלּוֹנוֹת שֶׁל אַרְבָּעָה טְפָחִים, נִדּוֹנוֹת כִּפְתָחִים.
17How should a person who crushed his olives in a state of impurity and, afterwards, sought to purify the utensils in the olive-press and the borders73 from the impure liquids that were absorbed in them act? Keilim made of wood or stone should be washed thoroughly.74 If they are from reeds75 or the like, they should be dried. If they are from resinous cane,76 they should be left for twelve months,77 exposed to hot water78 or water in which olives were cooked,79 or placed under a drainpipe of running water or into a stream of flowing water for 12 hours.80 Afterwards, he should immerse in a mikveh81 those keilim that require immersion82 and use them in a state of purity.יזהַדּוֹרֵךְ בְּטֻמְאָה, וְרָצָה לְטַהֵר כְּלֵי בֵּית הַבַּד וְהָעֵקֶל מִן הַמַּשְׁקִין הַטְּמֵאִין שֶׁנִּבְלְעוּ בָּהֶן - כֵּיצַד יַעֲשֶׂה? כְּלִי שֶׁל עֵץ וְשֶׁל אֲבָנִים, מֵדִיחַ; וְשֶׁל נְצָרִים וְכַיּוֹצֵא בָהֶן, מְנַגְּבָן. וְשֶׁל גְּמִי, מְיַשְּׁנָן כָּל שְׁנֵים עָשָׂר חֹדֶשׁ; אוֹ חוֹלְטָן בְּחַמִּין, אוֹ בְּמֵי זֵיתִים, אוֹ מַנִּיחָן תַּחַת צִנּוֹר שֶׁמֵּימָיו מְקַלְּחִין, אוֹ לְתוֹךְ מַעְיָן שֶׁמֵּימָיו רוֹדְפִין, שְׁתֵּים עֶשְׂרֵה שָׁעוֹת. וְאַחַר כָּךְ מַטְבִּיל הַכֵּלִים שֶׁצְּרִיכִין טְבִילָה, וּמִשְׁתַּמֵּשׁ בָּהֶן בְּטָהֳרָה.
Footnotes
1.

So that they will become raisins.

2.

I.e., although they become moist from the juice that oozes from the grapes, they do not become susceptible to impurity, for, as stated in Chapter 12, Halachah 1, that change in status comes about only when the owner desires that the foods come in contact with the liquids.

3.

Shabbat 15a states that this is the opinion of Shammai. Hillel, however, originally did not accept this stringency. Nevertheless, after Shammai forcefully presented his arguments, Hillel remained silent, leading to the conclusion that he accepted Shammai’s position. This is one of the 18 stringencies decreed on the day the students of the School of Shammai outnumbered the students of the School of Hillel.

4.

Thus the owner will have intentionally exposed them to contact with liquids.

5.

The Ra’avad differs with the Rambam’s interpretation and offers a different rationale. The Kessef Mishneh justifies the Rambam’s understanding.

6.

I.e., because this is a common occurrence when harvesting grapes for the sake of their juice.

7.

And crush them for their juice.

8.

Then, however, they become susceptible to impurity whether they are known to have come in contact with liquids or not.

9.

The commentaries have raised questions regarding the Rambam’s intent. In Halachah 12, he states that olives may be brought to an olive-press by a person who is ritually impure. However, that halachah can be interpreted as meaning that the impure person may bring the olives to the press, but not into the press. See Halachah 13.

10.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Taharot 10:4).

11.

The leaves collect the juice and afterwards, he casts the grapes and the leaves together into the wine press.

12.

And will collect the juice.

13.

To dry and become raisins [the Rambam’s Commentary to the Mishnah (Taharot 10:4)].

14.

As evident from the fact that he allows it to go to waste.

15.

Even if they were made susceptible to ritual impurity previously.

16.

Since the person desired to partake of the grapes rather than use them for wine, the juice dripping from them is not significant. It is considered like other fruit juices and does not contract or impart impurity (see Chapter 10, Halachah 1).

17.

A Talmudic measure, approximately, 8-9 liter according to Shiurei Torah.

18.

Since this juice was originally not considered significant and therefore considered as fruit juice, its status does not change when the grapes are cast into the wine press.
The Ra’avad challenges the Rambam’s ruling, noting—as the Rambam himself states in Halachah 1—that when grapes are cast into a winepress, they immediately become susceptible to ritual impurity. The Kessef Mishneh resolves the contradiction, explaining that Halachah 1 is speaking about an instance where the grapes were harvested for the purpose of being pressed for wine. In such a situation, our Sages decreed that they be considered susceptible to ritual impurity. In this instance, by contrast, they were harvested to be eaten. When the person finished eating, as an afterthought, as it were, he cast them into the wine press. Hence, until they actually enter the wine press, they are considered as food and their juice, insignificant. Our Sages saw no need to institute a decree regarding such an instance.

19.

Such a situation is included in the decree mentioned in Halachah 1, for the person changed his mind and consciously desired that the grapes be used to produce wine.

20.

A field which contained a grave and was plowed over, possibly strewing pieces of bone throughout the field. Such a field is impure by Rabbinic decree lest the person unknowingly come in contact with a bone from the corpse (Hilchot Tum'at Meit 2:16; see also ibid., ch. 10).

21.

As stated in Halachah 1.

22.

At which point, however, they are considered susceptible to impurity.

23.

The Ra’avad differs with the Rambam and maintains that grapes growing in a beit hapras can never be considered as ritually pure. Instead, they are always considered as impure because of the doubt concerning their status; perhaps one of the workers had contracted impurity. Although the advice the Rambam gives has its source in the Mishnah (Ohalot 18:10), the Ra’avad maintains that the mishnah did not intend that the grapes and the wine should be considered as pure. Instead, the purification of the workers and the utensils was so that produce growing in Eretz Yisrael would not be made impure intentionally (see Chapter 16, Halachah 9). The Kessef Mishneh explains that the Rambam had a different — and equally valid — understanding of the mishnah. Hence, his ruling should not be rejected.

24.

Lest they had contracted the impurity associated with a human corpse.

25.

When that purification process will have been completed.

26.

Since it is not known with certainty that the workers in that field will come in contact with a corpse, our Sages granted a leniency and allowed the produce in such a field to be harvested. Lest that leniency be extended undesirably, they had the workers immerse themselves beforehand to impress them and others with the concept of the field’s impurity.

27.

The workers themselves are not allowed to take the grapes further, for carrying them will impart impurity to them, since both Rabbinic decrees are in effect outside the beit hapras. The leniency granted previously was granted only inside the beit hapras, because there was no alternative.

28.

Therefore, it is permitted to harvest olives even though one’s hands are impure, as stated in Shabbat 15a, Pesachim 3b.

29.

In Halachah 8, the Rambam explains when the work to harvest olives is considered to be completed.

30.

This does not refer to the oil, but a thin, black liquid that flows out from the olives when they are under slight pressure from each other [the Rambam’s Commentary to the Mishnah (Machshirin 2:1)].

31.

I.e., the owner seeks to add more olives to be pressed.

32.

If the olives soften this early, they will be damaged by the time they are ready to be pressed.

33.

I.e., as stated in Chapter 2, Halachah 13, when impure liquids fall on foods, the foods’ susceptibility to impurity and their contraction of impurity take place simultaneously. Nevertheless, we do not say that the fluid that oozed from the olives connects them all, causing them to be considered a single entity, as stated in the following clause.

34.

As stated in Chapter 10, Halachah 13.

35.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Eduyot 4:6).

36.

By making a hole to enable the fluid to flow out, he indicates that he is not interested in it. Therefore, even though the olives come in contact with it, the contact is considered to be against his will. Hence it does not make them susceptible to ritual impurity.

37.

The fact that he did not make such a hole when he knew that liquid would flow from the olives indicates that he desired the olives to come in contact with that liquid. As Eduyot 4:6 relates, this is one of the few instances where the School of Shammai rule leniently and the School of Hillel rule stringently. Nevertheless, even when they are more stringent, the halachah follows the School of Hillel.

38.

I.e., it collected in the jug because the drainage hole was plugged.

39.

The commentaries have noted a slight contradiction in the Rambam’s statements, for in Halachah 6 [and in his Commentary to the Mishnah (Taharot 9:1], he states that the olives are given this status, because of the fluid which flows from them, while here, he implies that the Sages ordained that the change in their status comes as a result of the decision the person made.

40.

A relatively small measure, 1376 cc according to Shiurei Torah and 2400 cc according to Chazon Ish.

41.

For he has not completed gathering all the olives he desires to press.

42.

In truth, he had completed harvesting his olives. Nevertheless, he desired to delay pressing them and did not want them to be susceptible to impurity in the interim. Therefore he states an intent to purchase more olives, solely to prevent this change in halachic status from taking place. Since his intent is not sincere, even if in fact he purchases the other olives, his olives become susceptible to ritual impurity from the time he completed his original harvest.

43.

I.e., individuals who are primary sources of ritual impurity.

44.

Which he intended to press separately.

45.

And does not want to add any more olives to it.

46.

Because the work involved in their preparation has been completed.

47.

And places them in a storage vat, as explained in Halachah 8.

48.

The Galilee refers to the northern portion of Eretz Yisrael. It is divided into a lower portion — the area between the cities of Haifa and Tiberias — and an upper portion — the mountainous region north of those cities. Both of these areas are very fertile and were used for growing olives.

49.

As stated in Halachah 6.

50.

Covering them with leaves protects them from sand and/or rain. Though the owner completed storing the olives, one might think that they do not become susceptible to ritual impurity since he intends to perform another task. Nevertheless, since the work involving the olives themselves is completed once they are collected and stored, they become susceptible to impurity from that point onward.

51.

This bracketed addition is. made on the basis of the gloss of Rabbenu Shimshon to Taharot 9:2.

52.

We do not say that the presence of the olives indicates that the gentile had not completed filling his storage vat with olives (and hence they did not contract impurity, as stated in Halachah 8). Instead, we assume that he intended to fill another vat with the remaining olives. Needless to say, this law applies if he has no other olives to harvest.

53.

Gentiles are considered as ritually impure according to Rabbinic decree. Hence, since the gentile completed storing his olives in the vat, they are considered to have become susceptible to ritual impurity and to have contracted ritual impurity. Accordingly, there is no longer any purpose in keeping any of the strictures involving ritual purity in the preparation of oil from them.

54.

This statement is very significant. An unlearned person is assumed to be impure. Nevertheless, as long as the olives are not susceptible to ritual impurity, his status is of no consequence. Now, as long as the harvest and storing of the olives is not completed, the olives do not become susceptible to ritual impurity. Hence, by saying that he did not complete the storing of the olives, he is in actuality saying that they are still ritually pure. Otherwise, they would be considered as impure. Although the unlearned person stands to benefit from such a statement — for olives that are ritually pure are more valuable than those that are not — his word is accepted.

55.

But not inside the olive press. Once they are brought into the olive press, they become susceptible to impurity, as stated in Halachah 2.

56.

As stated in Halachah 8.

57.

Our translation is taken from the Rambam’s Commentary to the Mishnah (Taharot 9:5).

58.

Hence, they do not become susceptible to impurity because the owner does not desire the liquid that flows from them.

59.

Our translation is taken from Rav Kappach’s version of the Rambam’s Commentary to the Mishnah (ibid.). The intent is to soften them somewhat. Since ultimately, the person desires their oil, he is also happy with the liquid that flows from them. Hence, they become susceptible to impurity and contract impurity from the person’s hands.

60.

This represents the Rambam’s addition to the mishnah (ibid.). Were the olives to be ordinary food, hands that are a second derivative of impurity would not make them impure. Others interpret the mishnah differently.

61.

I.e., he is ritually, pure, but his hands are impure by Rabbinic decree, because he diverted his attention from them. They are considered as a second derivative of impurity, as stated in Hilchot Sha’ar Avot HaTuma’ah 8:2.

62.

Since his hands are a secondary derivative, food that he touches becomes a tertiary derivative, which -with regard to terumah — contracts impurity itself, but does not impart it to other substances.

63.

When the olives are broken open, the fluid inside of them enables the salt to cling to them more thoroughly. The Rambam is emphasizing that although there is a certain amount of fluid inside the olives, it does not make them susceptible to ritual impurity.

64.

For he is not interested in the liquid that oozes from them.

65.

Since there are so many olives there, the bottom ones will certainly not dry out. Nevertheless, since his intent is that they dry out, they do not become susceptible to impurity [the Rambam’s Commentary to the Mishnah (Taharot 9:6)].

66.

They are being dried out to be eaten, as is customary in certain places. As such, the owner does not desire the moisture that oozes from them. Hence, it does not make them susceptible to impurity. The Ra’avad differs with the Rambam’s interpretation of the above mishnah. The Kessef Mishneh supports the Rambam’s interpretation.

67.

So they will soften.

68.

Since he desired that they become soft, even though ultimately he will dry them, he desires that their liquids ooze out and soften them. Hence the liquids make them susceptible to impurity [the Rambam's Commentary to the Mishnah (Taharot 9:6)].

69.

Generally, produce left in the domain of an unlearned person is considered impure by Rabbinic decree. Even if the unlearned person does not know that he came in contact with impurity, we fear that he did and imparted that impurity to the produce. In this instance, however, since the owner locked and sealed the door, they do not contract impurity, because they are not accessible to the unlearned person.

70.

We do not suspect that the unlearned person broke the lock and entered. Instead, we assume that thieves broke the seal, but then changed their minds and did not enter. See Hilchot Metam’ei Mishkav UMoshav 12:4, 15. Needless to say, if it is obvious that someone has tampered with the olives, they are impure.

71.

I.e., placed in a manner that if the door was opened they would be moved and the person’s entrance detected.

72.

Unless the windows are closed and sealed, the olives are considered to be in the domain of the unlearned person and therefore impure.

73.

In his Commentary to the Mishnah (Taharot 10:8), the Rambam explains that there are borders—apparently of wood or stone—that are placed around olives when they are pressed to keep them collected in one place, instead of spreading out because of the pressure.
Although the Rambam’s source speaks about olives and an olivepress, similar laws apply with regard to grapes and a winepress. See Hilchot Ma’achalot Assurot 11:24.

74.

That is sufficient to purge any impure liquids.

75.

Our translation reflects the version found in authentic manuscripts and early printings of the Mishneh Torah and is supported by Avodah Zarah 75a. The standard printed text has a different version that is slightly problematic.

76.

This refers to a type of reed with a resinous substance that was used somewhat like rubber. Keilim made from this type of reeds do not dry easily [the Rambam’s Commentary to the Mishnah (Taharot 10:8)].

77.

During which they will dry from exposure to the air (ibid.).

78.

For the hot water will purge them of the impure liquids that they absorbed (ibid.).

79.

See Rashi, Avodah Zarah, op. cit.

80.

This will purge them of any traces of impure liquid. The mishnah (op. cit.) mentions this option in the name of Rabbi Yossi. In his Commentary to the Mishnah, the Rambam states that the halachah does not follow Rabbi Yossi’s view. Here, the Rambam obviously retracted that ruling. Or, as could be inferred from the Rambam’s wording there, Rabbi Yossi was speaking about immersing the keilim briefly and here, the Rambam is speaking about exposure for a prolonged period.

81.

The previous measures were not intended to purify the keilim, merely to remove traces of impure liquids that might be on the keilim. To purify the keilim, immersion is required.

82.

This excludes flat wooden keilim and stone keilim that are not susceptible to ritual impurity.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.